Graham McNeil Co. v. Scarborough

Citations

• 135 Miss. 59
• 99 So. 502
• 1924 Miss. LEXIS 10

Syllabus

<p>1. Limitations of Actions. Statute does not begin to run until cause of action accrues; cause of action “accrues” with right to sue.</p> <p>A statute of limitations does not begin to run until tbe cause of action accrues. A cause of action “accrues” when a person bas a right to sue upon the claim.</p> <p>2. Payment. With full Knowledge of facts but through ignorance of law not recoverable.</p> <p>Money paid with full knowledge of the facts but through ignorance of law may not be recovered back. The maxim, ignorantia juris neminem eoscusat, applies.</p> <p>3. Executors and Administrators. Amount of claim, paid by adminis ■ trator for estate through mistaKe of law held not recoverable.</p> <p>Where a claim against the estate of a decedent is probated and allowed and voluntarily paid by the administrator, though the same is not properly itemized under the statute and upon exceptions to the final'account of the administrator by the heirs he is personally charged with the amount of the claim paid and authorized by decree of the court to sue for its recovery; this payment is a mistake of law and not one of fact, and no recovery may be had thereon.</p>